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The Logic of Violence

Essay from the year 2012 in the subject Politics - International Politics - Topic: Public International Law and Human Rights, grade: 74 %, University of Hull (Law School), course: Human Rights Violations, language: English, abstract: QUESTION: Although the use of violence by and against states displays many features that are specific to particular cultures and situations, there is an underlying ‘logic of violence’ that takes a remarkably similar form in a multitude of different contexts. ABSTRACT: For the question at hand – a very complex question – it seems of paramount importance to disentangle its individual components before discovering its coherences. (...) I shall proceed as follows: First, I will present my understanding of logic – the underlying current giving this paper its direction and drive. Still in the first part, I shall introduce and define various forms of large-scale violence to be kept inside the epistemological frame of this essay. Secondly, this paper will elaborate on ‘the doer behind the deed’. I shall introduce the philosophical traditions and formal features of contemporary states, laying the ground for the contemplation of violence by and against states, government-sponsored and stateperpetrated crime. Furthermore, to shed light on the ramifications of violence between the so called First and Third World and in order to provide a link between the general and the specific, this paper would expose the international involvement in criminal structures and violent agency. Drawing on the recurrent narratives and forms of violence discussed in the first two parts, the third section will deepen the dynamics of structures and resources that resurface in various contexts of large scale violence. The chosen examples will deal with the ambivalence of legal control and discursive power in their capacity as supportive features to instigate violence. This essay will conclude on contemplations which elude from a smooth narrative. In my conclusion I should summarize the main arguments and outline the implications resulting from the supposition of a logic of violence. The final part shall also provide an outlook to some of the many remaining challenges in the context of international human rights and supranational criminology and their pursuit to stop violence.

The chosen examples will deal with the ambivalence of legal control and discursive power in their capacity as supportive ... AND EVIL It is often referred to logic as to the art of thought and the science of sound deductive reasoning.

The Path-dependent Logic of Delegation

The Origins of Non-partisan Election Management in Mexico

... impartiality requires public officials to apply legal rules in an universalistic fashion , without favoring nor ... two parties who shared the same commitment to as well as the same interpretative framework of legal reasoning ) .

Logic Of The Law The

A set of general rules is " justified ” by reasoning from basic principles , but they do not cover all of law and ethics . In part the limitation is self - imposed and is motivated by a desire not to bore either myself or the reader .

The Paradox of Self-amendment

A Study of Logic, Law, Omnipotence, and Change

The first full-length study of self-reference and paradox in law, this book will intrigue and instruct anyone interested in law, logic, philosophy, or political theory.

Outlines of Modern Legal Logic

In legal reasoning formal consistency of thought is an end constantly pursued , even though it is not always achieved . To assure this consistency , ordinary common sense logic is employed , a logic expressed in an imprecise manner by ...

Legal Evidence and Proof

Statistics, Stories, Logic

As a result of recent scandals concerning evidence and proof in the administration of criminal justice - ranging from innocent people on death row in the United States to misuse of statistics leading to wrongful convictions in The Netherlands and elsewhere - inquiries into the logic of evidence and proof have taken on a new urgency both in an academic and practical sense. This study presents a broad perspective on logic by focusing on inference not just in isolation but as embedded in contexts of procedure and investigation. With special attention being paid to recent developments in Artificial Intelligence and the Law, specifically related to evidentiary reasoning, this book provides clarification of problems of logic and argumentation in relation to evidence and proof. As the vast majority of legal conflicts relate to contested facts, rather than contested law, this volume concerning facts as prime determinants of legal decisions presents an important contribution to the field for both scholars and practitioners.

As the vast majority of legal conflicts relate to contested facts, rather than contested law, this volume concerning facts as prime determinants of legal decisions presents an important contribution to the field for both scholars and ...

The Dynamics of Judicial Proof

Computation, Logic, and Common Sense

Fact finding in judicial proceedings is a dynamic process. This collection of papers considers whether computational methods or other formal logical methods developed in disciplines such as artificial intelligence, decision theory, and probability theory can facilitate the study and management of dynamic evidentiary and inferential processes in litigation. The papers gathered here have several epicenters, including (i) the dynamics of judicial proof, (ii) the relationship between artificial intelligence or formal analysis and "common sense," (iii) the logic of factual inference, including (a) the relationship between causality and inference and (b) the relationship between language and factual inference, (iv) the logic of discovery, including the role of abduction and serendipity in the process of investigation and proof of factual matters, and (v) the relationship between decision and inference.

This collection of papers considers whether computational methods or other formal logical methods developed in disciplines such as artificial intelligence, decision theory, and probability theory can facilitate the study and management of ...

The Use of Logic in Legal Reasoning

If the judge were , like a pure logician , to analyse all the possible alternative paths of justification , he might ... argued that there may be a difference in kind between " logically closed ” and “ logically open ” legal orders .

Studies in Legal Logic

Studies in Legal Logic is a collection of nine interrelated papers about the logic, epistemology and ontology of law. All of the papers were written after the publication of the author’s Reasoning with Rules and supplement the issues addressed therein. Some of the papers are new; others have been revised substantially after the publication of their original versions. The emphasis is on analysis, not on logical technicalities. Studies in Legal Logic contains chapters about the nature of norms, the role of coherence in the law, the nature of defeasibility, the role of dialectics in law and artificial intelligence, the statics and dynamics of the law, and the consistency of rules. Moreover, it contains a new, simplified and yet more powerful version of Reason-based Logic and extensive examples of how it can be used for the analysis of legal reasoning. The examples deal with legal theory construction, case-based reasoning, and judicial proof.

kinds of defeasibility, namely ontological, conceptual, epistemic, justification, and logical defeasibility. The second step is to investigate whether the law, legal knowledge, legal reasoning, or legal justification, is defeasible in ...